Tort – FTCA – Arson

Where the plaintiffs filed a Federal Torts Claims Act claim against the U.S. government after an arsonist was released from a mental health hospital and subsequently followed through on a threat to burn their place of business, the conduct alleged by the plaintiffs to be negligent is protected by the discretionary function exception of the FTCA, and as a consequence, the court lacks subject matter jurisdiction over the plaintiffs’ FTCA claims and the complaint must be dismissed.